Bringing You More Stories in a Shorter Format! |
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When HR Colludes it Makes the News!
Back in October 2016, the U.S. Department of Justice (DOJ) published, "Antitrust Guidance for HR Professionals." It warned HR pros against engaging in certain activities. This included, "agreements among employers not to recruit certain employees or not to compete on terms of compensation..."
On January 7th, the DOJ announced it filed a lawsuit against a health care company and its related entity for "agreeing with competitors not to solicit senior-level employees."
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Telework and Travel Time: Paid or Unpaid? |
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You have an employee whose regular work day is 8 hours. You give her a flexible work schedule that let's her work from home (WFH). But, you do require her to work on-site (aka “core” hours) from at least 10:00 – 2:00 each day. Aside from that, you permit her to work her other four hours in the same day at her convenience: before she comes into the office, after she leaves the office, or some hours on each side of her core hours, at home or on-site.
If the employee chooses to start her WFH at 8:00, then drives to the office to arrive by 10:00, works 'til 2:00, then drives back to WFH the rest of her 8 hours, do you have to pay for the travel time?
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Are You My Employer? DOL Issues "Final" Rule on Independent Contractor Status |
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On January 7th, the U.S. Department of Labor published a final rule on "Independent Contractor Status under the Fair Labor Standards Act." The rule establishes two primary or core factors and three secondary factors employers should consider when trying to properly classify a worker as an employee or independent contractor. |
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OSHA Updates: Posting, E-Filing & New COVID-19 Guidance on Protecting Workers |
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Effective February 1st, many employers with 11 or more employees must post the OSHA Summary Log 300A in their workplace. This is an annual requirement and takes effect February 1 through April 30 every year.
In addition, a small fraction of establishments (in OSHA's words), are required to electronically submit their Form 300A data to OSHA.
Ensure you know which rule, if either, you have to follow.
Concurrently, check out the latest guidance published January 29th on "Mitigating and Preventing the Spread of COVID-19 in the Workplace."
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CDC Issues COVID-19 Vaccine Communication Toolkit for Employers |
Not be outdone by OSHA (see above), on January 29th, the Centers for Disease Control (CDC) concurrently published a COVID-19 Vaccine Communication Toolkit.
The CDC explains, "The toolkit is designed for employers of essential workers." It contains a downloadable, introductory letter for your offices, key messages and FAQ's for employees and employers, and lots of materials you can download.
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Form I-9 Flexibility Rule...Extended Another 60 days |
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On January 28th, the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) extended the Form I-9 Flexibility rule for another 60 days, through March 31, 2021.
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When Policy and Practice Prevail! |
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An employer's policy requires an employee to report any absence using the employer's call-in service to report what type of leave will be used, "family sick time, FMLA, PTO, etc." When an employee repeatedly fails to follow the call-in procedure, including to report FMLA-covered absences and after coaching and counseling, she is fired.
She sues the employer for a slew of claims under the FMLA, ADA and state law. She loses, appeals and loses again. Why?
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New 2021 Webcast Series!
"HR & the Law for Managers"
This new 11-module series provides front-line managers and supervisors with HR basics and current updates. Register for the discounted series or single sessions! Click here for more info.
UPCOMING EVENTS
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Thursday, February 11th, "Marijuana in the Workplace" hosted by AICC, 2:00 p.m. ET
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Wednesday, February 24th, "Employee Handbooks, Read 'Em and Weep?!" hosted by FiveL Company, 10"00 - 11:15 a.m. ET.
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Wednesday, February 24th - "Recruitment, Selection & Hiring," 3:00 - 4:15 p.m. ET.
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Friday, February 26th, "Employment Practice Pitfalls," hosted by WMDA during the Virtual Training Conference, 9:00 - 11:00 a.m. ET.
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2021 Regular Webcast Series
Discounted Subscriptions Still Available!!
Maximize the current discount through February 23rd.
Get the remaining 10 for the price of 8 - $200.
For more info or to subscribe - click here.
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In its 2nd Edition!
A SHRMStore "Great 8" Best-Seller
8 Years in a Row!
Thank YOU!
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This publication does not constitute the rendering of legal advice. You should consult your company's legal counsel for guidance on any matter. |
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